Consensual Sex With A Minor: The Scenario

Times of India

September 01, 2013

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Like many other parents of girl children, filmmaker Chaitanya Karehalli is a worried man. Especially when the father of a nine year old hears of court observations that consensual sex with a girl aged below 18 does not constitute an offense under the Protection of Children from Sexual Offences (POSCO) Act. "No kidding, but children these days are far more sexually aware than we were at their age," he says.

The Delhi court ruling came in the wake of a case involving a 15-year-old girl and her 22-year-old lover-turned-husband. But the court also observed that there is a "greater responsibility on all of us, the state, including police, in spreading and creating public awareness about the impact of a girl or boy marrying at a tender age or indulging in unsafe sexual activities. Naturally, in an age in which information is easily available, the onus would be on parenting practices. "It would be wishful thinking that teenagers today won't explore and gratify their sexual urges. Policing them will not work. Children have to understand that they have some moral obligations towards their parents, but if they are going to do it, they might as well know about safe sex, and that information has to come from parents," says Chaitanya.

Actor-director Ramesh Aravind, who has a college-going daughter, agrees and adds, "The best bet is to inculcate good values, and educate them about the probable dangers of unprotected sex, when you think they are ready to understand it, and hopefully good sense will prevail over hormone highs."

Media professional Sayoni Sen, though, wonders if the ruling will be seen as a green signal for underage sex. Sayoni, who has a 12-year-old daughter, says, "I don't think that maturity kicks in even at around 17-18. Considering how little most of us talk to our children about such matters, they will have very little empirical or experiential knowledge to guide their judgment/decision. Unless we equip them with the knowledge and what it entails, they can hardly be expected to make rational, sound choices in this matter."

"Young children, especially teenagers, are rebellious, and will try to do everything that their parents ask them not to do. So if the law says that consensual sex with a minor is okay, youngsters will take that as a go-ahead to satisfy their urges. At that age, though, they don't have the mental ability to make sound decisions, because what they feel today is not what they feel tomorrow," says actress Sanjjanaa

What worries clinical research associate Preeti S, mother of a nine-year-old daughter, more is whether the ruling could provide paedophiles legal protection. "If there is a court ruling like this, these perverts may use it as a security blanket while grooming young, susceptible children. What prevents them from claiming to be in love, luring children and subsequently leaving them in the lurch? How will the law protect children then?" she asks.

Chaitanya agrees and adds that the yardsticks used in making these rulings should be different based on the age of the parties involved. "How do you make a ruling when both the boy and the girl are teenagers?" he asks and adds, "If an older man, like in this case, is seducing a much younger girl knowingly, he should be punished."